CO885(2-3) — Page 149

No. 44.

52

Sierra Leone.

No. 44.

53

trial at Sierra Leone of such liberated Africans under the provisions of the 6th & 7th Vict., cap. 4, and by virtue of such Treaties.

The Right Hon. Earl Grey,

&c. &c. &c.

We have, &c. (Signed)

J. DODSON.

A. E. COCKBURN. W. P. WOOD.

PUBLIC RECORD OFFICE

C.O. 8

Reference :-

885

"Liberated Afri-

can

"' does not

become ipso facto

■ British subject.

No. 45.

But may be com- prehended in Trea- ties within the meaning of the

6th and 7th Vict.,

e. 94.

COPY of a LETTER from the LAW OFFICERS of the CROWN to Earl GREY.

MY LORD,

Doctors' Commons, October 21, 1851.

WE are honoured with your Lordship's commands, signified in Mr. Elliot's letter of the 13th instant, stating that he was directed to transmit to us the accompanying extract of a despatch from the Governor of Sierra Leone; and to request that we would take the same into consideration, and report to your Lordship our joint opinion-

1st. Whether an African liberated from slavery by legal process in Her Majesty's Mixed Commission Courts becomes ipso facto a British subject in the full acceptation of that term; and,

2ndly. Whether a liberated African, in the event of his committing any offence out of the jurisdiction of a Colony, would be amenable to the same juris- diction by which a bond fide British subject could be tried within the territories of native Chiefs with whom Treaties may have been concluded.

In obedience to your Lordship's commands, we have taken into considera- tion the extract of the despatch above referred to; and have the honour to report that, in our opinion, both questions should be answered in the negative.

We have, &c. (Signed)

The Right Hon. Earl Grey,

&c

&c.

&c.

No. 45.

J. DODSON.

A. E. COCKBURN. W. P. WOOD.

Copy of a LETTER from the LAW OFFICERS of the CROWN to Earl GREY.

MY LORD,

Doctors' Commons, February 21, 1852.

WE were honoured with your Lordship's commands, contained in Mr. Meri- vale's letter of the 4th instant, in which he stated that, with reference to our letter of the 21st of October last, on the subject of liberated Africans, he was directed by your Lordship to transmit to us copy of a despatch received by your Lordship from the Governor of Sierra Leone, to whom that letter had been communicated; and he was directed to ask whether, in our opinion, although liberated Africans are not British subjects, yet, if Treaties were entered into according to the recommendation of the annexed Order in Council of the 13th of July, 1850, with the constituted authorities of neighbouring territories to Sierra Leone, applying in terms to liberated Africans inhabiting the possessions of Her Majesty, as well as to those who are strictly British subjects, it would not be competent for Her Majesty to authorize the punishment or trial at Sierra Leone of such liberated Africans under the provisions of the 6th and 7th Vict., cap. 94, and by virtue of such Treaties.

Mr. Merivale annexed, for reference, the Order in Council of the 3rd of September, 1844, passed, in virtue of that Act, to regulate Her Majesty's jurisdiction within territories adjacent to Cape Coast Castle.

In obedience to your Lordship's commands, we have considered the several papers transmitted to us; and have the honour to report that, although liberated Africans are not British subjects, yet, if Treaties were entered into as suggested in the question put to us, it would be competent for Her Majesty to authorize the

No. 16.

COPY of a LETTER from the LAW OFFICERS of the CROWN to the SECRETARY OF STATE for the COLONIES.

MY LORD,

Doctors' Commons, June 6, 1855,

No. 46.

WE are honoured with your Lordship's commands, signified in Mr. Meri- Stave Trade, where vale's letter of the 27th of April last, stating that he was directed to request our vessels engaged in, opinion on the following case :-

may by Treaty be The Governor of Sierra Leone, on behalf of Her Majesty, has concluded, "tried at Sierra with various Chiefs on the coast of Africa, Treaties having for one of their law." The Admi-

Leone by English objects the suppression of the Slave Trade. Mr. Merivale encloses a copy of one ralty Court there such Treaty.

has not jurisdiction, It is provided by the 1st Clause of this Treaty, that vessels employed in the por can the Crown exportation of slaves from the Sherbro country may be seized, and taken to lature give it.

or Local Legis- Sierra Leone to be tried by English law." A question, however, has arisen respecting the steps which will be required to enable the proper Court at Sierra Leone to adjudicate on such captures.

at

As bearing on this subject, our attention is requested to the following Acts of Parliament, and other documents, namely:-6 & 7 Vict., cap. 94, which provides that Her Majesty may exercise any power or jurisdiction which she may any time have beyond Her own dominions, as if it had been acquired "by cession or conquest of territory;"-6 Vict., cap. 13, which enables Her Majesty, by Order in Council, or the Local Legislature constituted by Her, to legislate for the peace, order, and good government of Her Majesty's subjects and others in Sierra Leone;-12 & 13 Vict., cap. 84, and 16 & 17 Vict., cap. 16, which, with various other Acts, have been from time to time passed to give effect to Treaties for the suppression of the Slave Trade;-7 & 8 Vict., cap. 26, which enables Her Majesty, by Order in Council, to give provisional effect to such Treaties, until an Act of Parliament can be passed; the annexed Report of the Lords of the Committee of Council for Trade and Plantations, of the 5th of July, 1850, with the letter from Lord Grey therein referred to.

Our opinion is requested; 1st, whether, under the Act 6 & 7 Vict., cap. 94, or 6 Vict., cap. 13, or any other law, the Queen can, by Order in Council or otherwise, or the Legislature of Sierra Leone by Ordinance, enable the Vice- Admiralty Court at Sierra Leone to take cognizance of questions brought before it under the above Treaty; and, 2ndly, generally, whether any means exist, without a fresh Act of Parliament, for placing captures made under that Treaty on the same footing, in respect of judicial proceedings and payment of bounties, as captures made under the Treaties embodied in the Acts 12 & 13 Vict., cap. 84, 16 & 17 Vict., cap. 16, or other similar Statutes.

In obedience to your Lordship's commands, we have taken this matter into consideration, and have the honour to report—

That we are of opinion that Her Majesty cannot legally, by Order in Council, either by virtue of the Statutes cited, or of any other Statutes, enable the Admiralty Court at Sierra Leone to take cognizance of questions brought before it under the above Treaty; nor has the Legislature of Sierra Leone any power by Ordinance to assume and exercise such authority. An Act of Parlia inent to carry the Treaty into effect will, in our opinion, be necessary; the Act should be limited to the ships, goods, and subjects of the Queen, and of the respective Chiefs. The ships, goods, and subjects of foreign Powers within the

3 PUBLIC RECORD OFFICE, LONDON

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